When the stakes are high, count on Benjamin Durham Law Firm to fight for you.
Are you facing domestic violence charges and need a lawyer who will stand up for your rights? You’re on the right track.
At Benjamin Durham Law Firm, we understand how sensitive these situations can be. The justice system can be complex, and wrongful accusations can lead to severe consequences. That’s why justice and advocacy are at the heart of our practice.
When you choose our Las Vegas domestic violence lawyers, it’s not just some paralegal you’ll be dealing with – it’s the attorney who will actually work your case.
Our hands-on approach ensures that there are no communication gaps and that your concerns get addressed promptly. You’ll appreciate our commitment not only to winning your case but also protecting your privacy throughout the entire process.
Contact us today for a consultation.
Domestic Violence in Las Vegas Under Nevada Law
Under NRS 33.018, domestic violence is defined as criminal acts committed by a person against or upon the following individuals:
- Spouse or former spouse
- Individuals related by blood or marriage
- Individuals with whom the person has or had a dating relationship
- Individuals with whom the person has a child in common
- Minor child of any of the above-mentioned persons
- The person’s minor child or any other person appointed as the custodian or legal guardian for the person’s minor child
The acts that constitute domestic violence can include:
Battery
Physically harming or striking the victim.
Assault
Threatening or attempting to harm the victim.
Coercion
Forcing or compelling the victim to do something against their will.
Sexual assault
Forcing or engaging in non-consensual sexual activity with the victim.
Harassing conduct
Engaging in a knowing, purposeful, or reckless course of conduct intended to harass the victim.
False imprisonment
Illegally restraining or confining the victim.
Pandering
Recruiting, enticing, or compelling someone to engage in prostitution.
Potential Penalties for Domestic Violence Charges in Las Vegas
Domestic violence charges depend on the nature of the crime. Under NRS 200.485, here are some of the potential charges you may face and their penalties.
| Charge | Classification | Penalty |
|---|---|---|
First offense within seven years | Misdemeanor |
|
Second offense within seven years | Misdemeanor |
|
Third offense within seven years | Category B Felony |
|
Battery by strangulation (with previous qualifying convictions) | Category C Felony |
|
Category B Felony |
|
The charges for domestic violence can vary depending on the circumstances, and there are various types of charges that can qualify as domestic violence. It is crucial to consult a criminal justice attorney to know how these statutes affect your case.
Legal Defenses for Domestic Violence Charges in Las Vegas
In Las Vegas, domestic violence charges can have severe consequences, including jail time, fines, and a tarnished reputation. However, individuals facing these charges have the right to mount a strong defense to protect their rights and achieve the best possible outcome.
Here are some common legal defenses that can be used in domestic violence cases:
Self-defense:
If the accused can demonstrate that they acted in self-defense or defense of others, it may serve as a viable defense. This defense argues that the alleged act of violence was necessary to protect oneself or another person from harm.
False accusations:
False accusations are not uncommon in domestic violence cases. The defense can work to establish that the alleged victim has a motive to lie or has a history of making false accusations. This defense strategy may involve presenting evidence, such as witness testimonies or surveillance footage, to discredit the alleged victim’s credibility.
Consent:
If the alleged victim consented to the actions that led to the domestic violence charges, it could be a valid defense. This defense argues that the actions were consensual and not done against the will of the alleged victim.
Lack of intent/Accident:
In some cases, the defense may argue that the accused did not have the intent to commit domestic violence. They may claim that the act was accidental or unintentional, highlighting factors such as miscommunication, misunderstandings, or an absence of any aggressive behavior.
Consult with our Las Vegas criminal defense attorneys to determine the most effective defense strategy based on the specific circumstances of the case. We can analyze the evidence, challenge the prosecution’s case, and protect your rights throughout the legal process.
Getting Help From a Las Vegas Domestic Violence Attorney
At Benjamin Durham Law Firm, we’re here to assist you in your time of need. As experienced domestic violence lawyers based in Las Vegas, Nevada, we understand how challenging your situation can be.
You won’t just be another case number to us; with us, you’ll get the personalized attention that you deserve. Unlike other firms where paralegals do most of the work, at our place, you actually get to talk to the attorney handling your case.
Here’s how we help you:
Provide legal counsel and explain the charges:
Your defense attorney will offer advice, explain the charges, and guide you on your legal rights and options.
Investigate your case:
They will conduct a thorough investigation, gather evidence, and interview witnesses to build a strong defense strategy for you.
Negotiate with prosecutors:
Your attorney will negotiate with the prosecution to seek possible plea deals or reduced charges that are favorable to you.
Represent you in court:
Your defense attorney will advocate for you during court proceedings, presenting evidence and arguments to defend against the charges.
Challenge evidence:
They can challenge the admissibility or credibility of evidence presented by the prosecution to weaken their case and strengthen yours.
Protect your rights:
Your defense attorney will ensure that your constitutional rights are upheld throughout the legal process, including during police questioning and trial.
With all this support behind you, it’s possible not just to survive these trying times but come out victorious in the end. At Benjamin Durham Law Firm, we provide personalized attention because we believe everyone deserves their fair day in court without compromise or bias.
Contact Benjamin Durham Law Firm Today
When you’re facing domestic violence charges, there’s so much at stake – your reputation, relationships, and even your freedom could hang in the balance. At Benjamin Durham Law Firm in Las Vegas, our domestic violence lawyer understands this and knows how to navigate the complex legal system on your behalf.
We are not just experienced; we have effective strategies to handle these sensitive cases, ensuring that your rights are protected at every stage of the process. Don’t settle for less, contact us today.
Benjamin Durham Law Firm
Frequently Asked Questions
How long does a domestic violence charge stay on your record?
The duration a domestic violence charge stays on your record can vary based on the laws of your jurisdiction. In many cases, criminal records remain permanently unless the charge is expunged or sealed through a legal process.
Can the alleged victim drop domestic violence charges?
While the alleged victim can express their wishes to the prosecutor, the decision to drop domestic violence charges ultimately lies with the prosecuting attorney. They may consider the victim’s wishes, but other factors like evidence and public interest can also influence the final decision.
What are the potential consequences of a domestic violence conviction?
The consequences of a domestic violence conviction can include imprisonment, fines, probation, mandatory counseling or anger management classes, and restrictions on firearm ownership.
Should I hire a domestic violence lawyer to defend my case?
Hiring a domestic violence lawyer can be crucial in building a strong defense and protecting your rights. An experienced attorney can navigate the legal process, negotiate with prosecutors, and work toward a favorable outcome for your case.
What should I do if I am falsely accused of domestic violence?
If you are falsely accused of domestic violence, seek legal representation immediately. Your attorney can help gather evidence, interview witnesses, and build a defense to challenge the false allegations against you.
Dedicated to Criminal Defense and Personal Injury Representation
Practice areas focuses on safeguarding individuals who suffer harm due to the actions or negligence of another party. These claims address injuries whether physical, mental, or occasionally involving property damage experienced by the affected individual.
Criminal Defense
Drug Crimes
Our experienced criminal defense team at Durham Law Firm defends individuals facing drug-related charges. We diligently analyze evidence, challenge procedures, and protect your rights to secure the best possible outcome for your case.
DUI
Our skilled team at Durham Law Firm provides aggressive DUI defense. We challenge breathalyzer results, question police procedures, and protect your rights, striving to minimize penalties and protect your driving privileges.
Record Sealing
Durham Law Firm assists clients in clearing their criminal records through record sealing. We guide you through the legal process, helping you move forward with a clean slate for a brighter future.
Domestic Violence
At Durham Law Firm, our committed attorneys offer support and legal representation to individuals facing domestic violence charges. We provide legal defense, ensure your rights are protected, and work diligently to secure a fair legal process on your behalf.
Assault
When facing assault charges, rely on Durham Law Firm’s experienced defense team. We meticulously examine evidence, challenge allegations, and protect your rights, working towards the best possible outcome for your case.
Theft
Durham Law Firm defends individuals facing theft charges. Our legal team examines the evidence, explores potential defenses, and works to minimize penalties or have charges dismissed, ensuring a fair legal process.
Traffic Law
Navigating traffic violations can be complex. Our attorneys at Durham Law Firm provide guidance, helping you with traffic tickets, license issues, and other traffic-related legal matters.
Felony
In felony cases, Durham Law Firm’s experienced defense attorneys are dedicated to protecting your rights. We craft robust defense strategies, negotiate with prosecutors, and represent you in court.
Misdemeanor
Durham Law Firm defends clients facing misdemeanor charges. Our legal team offers quality guidance, thorough case analysis, and advocacy to minimize the impact of charges on your record and life.
Personal Injury
Car Accidents
After a car accident, trust Durham Law Firm to fight for your rights. We seek compensation for injuries, property damage, and other losses by providing dedicated legal representation.
Truck Accidents
Durham Law Firm’s experienced attorneys handle complex truck accident cases. We investigate thoroughly, negotiate with insurers, and litigate, if necessary, to secure just compensation for victims of truck accidents.
Motorcycle Accidents
Durham Law Firm advocates for motorcycle accident victims. Our skilled attorneys pursue compensation for injuries, medical expenses, and other losses, providing comprehensive legal support for riders.
Pedestrian Accidents
Durham Law Firm is here for pedestrian accident victims. We’re dedicated to securing the compensation you deserve for injuries, medical bills, and hardships stemming from your accident.
Bicycle Accidents
At Durham Law Firm, we’re committed to protecting the rights of bicyclists involved in accidents. We fight for compensation to cover medical costs, property damage, and the impact on your life.
Bus Accidents
Injured in a bus accident? Durham Law Firm fights to ensure bus accident victims receive fair compensation for their losses and to hold the at-fault party accountable.
Head-On Collision
In head-on collision cases, Durham Law Firm provides experienced legal representation. We investigate, negotiate, and litigate to secure compensation for your injuries and damages.
Hit & Run
When you’re a victim of a hit-and-run, Durham Law Firm is on your side. We pursue justice and compensation, working tirelessly to hold the responsible parties accountable for their actions.
Rear End Collision
Durham Law Firm also handles rear-end collision cases. Our attorneys investigate thoroughly, ensuring you receive rightful compensation for injuries and damages caused by negligent drivers.
Distracted Driving Accidents
If you’ve suffered due to distracted driving, Durham Law Firm is your advocate. We’re dedicated to pursuing compensation for injuries and losses resulting from distracted driver negligence.
Testimonials
What our clients Say
Client satisfaction fuels our passion and purpose. We are dedicated to exceeding expectations, ensuring that each person who entrusts us with their legal matters walks away in a better state than before.
Highly recommend this office. They took care of my case from start to finish and I couldn’t be any more grateful having their service. Awesome customer service and professionalism. The whole team is amazing and i would like a shoutout especially to Raquel and Daniel who helped me with my case every step of the way. I wasn’t only treated a very special client but also like a family— protected, safe and secured. Wouldn’t go anywhere else for legal services. This is the place!!! Thank you Atty Durham and to your top notch team! My family and I are clients for life! God bless!
Danielle Petkovich is my first choice for a criminal defense attorney. She is smart, extremely capable, and friendly. She is great at keeping you informed on your case, the process, and what to expect. She makes you feel at ease, and you know you’re in good hands!! The other attorneys in the office have similar qualities and I wouldn’t hesitate to consult with any one of them in Danielle’s absence.
Highly recommend Ben! He helped me to get my felonies dropped down to misdemeanors and was very easy to communicate with. Most attorneys are in it for the money and don’t make you feel like they care but that was the opposite with Ben. He is very thoughtful and even checked up on me after I had my baby. He doesn’t judge you no matter how bad things may appear to be. He is very understanding and a man of his word. Made it so simple and easy all I had to do was show up to court and the rest was handled!
Danielle Petkovich is my first choice for a criminal defense attorney. She is smart, extremely capable, and friendly. She is great at keeping you informed on your case, the process, and what to expect. She makes you feel at ease and you know you’re in good hands!! The other attorneys in the office have similar qualities and I wouldn’t hesitate to consult with any one of them in Danielle’s absence.
Get to Know Our
Client-Focused Legal Team
Meet the backbone of Benjamin Durham Law Firm. Committed to providing the highest level of service, our team combines a wealth of knowledge, skill, and dedication to ensure that our clients receive the best possible legal representation.
Benjamin Durham
Ben Bateman
Easton Durham
Marilu Martinez
Kesia Haag
Experience Matters
An experienced lawyer with a strong track record of success may actually be your most affordable option. With over 20 years of practicing law, we understand every detail of this complex system.
